So this is so off-topic that you might ought to just push on through. But promises were made, and I’m a firm believer in keeping my word.

The backstory is that I’ve been on Twitter for a while, and I have a compelling cast of characters who I follow and who follow me. Some our Portland linked. Others are law tweeps. (Yeah, I know, but that’s Twitter talk.)

More back story: I’ve been biking into work a good chunk of the summer, and I’m looking to keep on it into the rainy season. We had some major rain last week. My nylon running jacket and nylon shorts failed, leaving me prune skinned and water logged.

So I turned to my Twitter buds–my tweeps–for suggestions on foul weather biking. One of them asked me to compile into a post so that all could benefit, and now I’m at it.

The biggest point of agreement was that fenders are essential. So say @lancedgoddard and @AndyBarovick. (Yes for those not into the Twitter the @ character is the signifier of Twitter ID.) Of course, I have fenders on my slow but steady commuter bike. So I guess my pruning could have been worse?

Rain gear was a source of controversy. According to at least one person, @jwdoom, rain gear is a crock. Actually, he was a bit more graphic, but I’m trying to keep it clean here. On the other hand, @BeelJDPhd relates that a colleague swears by Pearl Izumi rain gear from REI.

And then there was a long list of suggestions from the ever helpful @AndyBarovick, but his bottom line was really simple: Don’t ride in the rain, unless you have to. I’m hoping that “rain” to the New York @AndyBarovick is different than rain to me, Portland’s @DavidSug (yes that’s my Twitter ID), but who knows?

In any event, my promise kept, I go back to the grind of today’s tasks. Thanks to all my Tweeps. It’s an engaging conversation, isn’t it? And for anyone who’s reading this who is on Twitter, feel free to check out those cited. They’re all engaging and interesting people with whom I’ve connected.

David Sugerman

The Oregoninan  recently covered an issue that is “leaving”  me a little preplexed. Sam Adams would like to tax those neighborhoods that accumulated leaf piles on the street for public street cleaning. The neighborhoods are those with extra-large trees. That issue is subject to controversy. We all pay, but not all neighborhoods are covered. I think the issue is important to discuss, but in the meantime…those folks who pile all their leaves in the area adjacent to the curb, but in the street should be aware they create a big slippery obstacle for bicyclists. So, for now, if you pile the leaves there, wait until you are advised that the city is ready to pick them up … leaving the leaves there for days and days just creates too many places for bikes to get into traffic conflicts or injure folks who are riding.

David Paul

This curious case of the nude cyclist charged with public indecency may draw some heat. Judge Jerome LaBarre was the lucky (ha!) trial judge who drew this case.  Judge LaBarre reportedly ruled that 21-year old Bobby Hammond’s nude bike ride was protected speech and thus not punishable.

There may be a lot of ranting about this case. We’re going to hear about “activist judges.” Wouldn’t surprise me if some outraged citizens even targeted Judge LaBarre for ouster when he is up for re-election. It doesn’t help that young Mr. Hammond hardly sounds like a deep political protester.

Several things that are important and not widely understood. First, the Oregon Constitution’s guarantee on free expression is stricter that the free speech clause found in the U.S. Constitution’s First Amendment.  In Oregon, for example, the State constitution protects nude dancing as free expression. The judge’s task in this setting is to interpret the facts and apply the law. When we’re talking about constitutional rights like free speech, sometimes the results won’t be pretty to all.

The other thing is that regardless of Mr. Hammond’s lack of articulation in the linked radio interview, the Portlland-area bike community has actively “spoken” or protested on bikes for years. This includes annoying rides that tie up traffic. (”Annoying” is defined as something that bothers me, a middle aged guy who drives, walks and cycles.) The nude rides have also been part of the general protests against car culture.

But the most important thing about all this is that Judge LaBarre did exactly what any principled judge should do. He made a ruling based upon constitutional interpretation that is firmly imbedded in the history and text of the Oregon constitution. It is critcally important that we recognize and honor judges’ independence, even when we don’t agree with them. Because a judge who makes decisions based on political whims is a real danger to our society.

So yeah, on one level, this is another case for the “Keep Portland Weird” advocates and those compilers of zany court cases. But looking deeper, this is case that validates the power of the Oregon constitution and judicial independence. And while I’m not interested in having my family subjected to nude cyclists, it’s the right result.

David Sugerman

Most of us have no trouble seeing the divide between cars and bikes from both sides, as most of us are both cyclists and drivers. Sure, there are a few purists on both sides. And among the purists, there are even some nut cases.

I’ve used that label in the past freely, but now it looks like the question will get its day in court. Story today about the motorist charged with attempted homicide in Multnomah County. It seems that Johhny Eschweiler may have gone all mental in a road rage incident.  According to the news report, a near miss by the driver led the cyclist to confront the driver shortly after. Apparently, Mr. Eschweiler then tried to kill the cyclists.

At least, that’s the implication, because his attorney indicated that he will plead guilty except for insanity defense.  I’m no expert on criminal law, but I assume that means more than road rage.

It’s tough on the roads. Despite Pdx’s great rah-rah rep as a bike friendly place, cyclists are exposed in most parts of our beloved city. We’re at the mercy of behemouths out there.  And of course, those of us who drive have had to dodge cyclists doing amazingly stupid things, like the guy who blew through the stop sign in front of me yesterday on his bike, carrying bags, no helmet, maybe an i-pod…. Thanks for that scare, pal.

If you find this annoying because you’re on one side or the other, know that I sit on both sides. I ride, I drive, and I represent cyclists and drivers.  Still, road rage is a killer. Maybe the lesson here is that we can all stand to take a deep breath and try to share the road?

David Sugerman

Hi Friends:

Just because I run a full-time law practice, does’nt mean I should forget a [free] special event that all of you may be interested in seeing this weekend. The Better Living Show link is taking place at the Expo Center starting right now at noon today (3/28) and going through sunday (3/30) at the Expo Center. The reason this comes to mind is that this exposition will include green transportation, food, fashion, kid events, government efforts on sustainability and more. I like green. So here I go, off to staff a booth.

The Oregon Center for Environmental Health link2, of which I am a founding board member, will be there. We will be introducing our kewel new latex-free rubber ducks!

So, if your plans for organic gardening are taking a spring break until the snow stops, come on by and we can hook you up with a non-toxic rubber ducky. That sounds like a little light fun and some very interesting information on sustainable and healthy living, right here in river city…or is that snowy city? or rainy city?

Regards and see you at the expo center this weekend. Take MAX!

David Paul

Friends:

The headlines the last two days contained two seemingly unconnected stories. Today’s front page (Oregonian) was saturated with insights about Mr. Obama and his speech last night seeking to unify our country on issues of race relations. There was tremendous support for the message, and the messenger as well.

Seemingly unconnected, the paper also reported on “bike boxes” link to help with traffic flow on Portland’s streets where bicycles and motorists meet. The two seem related. We have two communities, black and white, motorhead and bicyclists. Why can’t we just get along?

There is deep seated distrust in the two (four?) camps. Mr. Obama’s premise and the premise of the bike boxes is simple and similar. We just need to get along. There is no need to conflict or hassle. What matters is mutual respect and tolerance. Why don’t we just give that a try for a while and see if we can get along?

I have represented dozens of cyclists injured in traffic accidents in the local area, including Multnomah, Washington and Clackamas counties. I understand the insurance issues and the social issues involved in these cases. There may be some rights that surprise you. Contact me for a no-cost initial consultation. I would like to help.

And….. let’s just try to get along. At work, at school and on the way home tonight as well!

Sincerely,

David Paul

PAUL & SUGERMAN, PC.

503.224.6602